The Ngarelen Springs Catchment Conservation Area Order

Legal Notice 207 of 2021

This is the latest version of this Legal Notice.
The Ngarelen Springs Catchment Conservation Area Order
Related documents

LAWS OF KENYA

WATER ACT

THE NGARELEN SPRINGS CATCHMENT CONSERVATION AREA ORDER

LEGAL NOTICE 207 OF 2021

  • Commenced on 14 October 2021
  1. [Revised by 24th Annual Supplement (Legal Notice 221 of 2023) on 31 December 2022]

1. Citation

This Order may be referred to as the Ngarelen Springs Catchment Conservation Area Order.

2. Interpretation

In this Order, unless the context otherwise requires—"Act" means the Water Act (Cap. 372);"Authority" means Water Resources Authority established under section 11 of the Act;"Ngarelen Springs Catchment Conservation Area" means the area demarcated as hydrogeological system controlling groundwater flow within and around the Ngarelen Springs as illustrated with blue thick line in the First Schedule;"Ngarelen Springs Catchment Conservation Protection Guidelines" means the management and conservation guidelines developed by the Authority in respect of Ngarelen Springs Catchment Conservation Area and contained in the Second Schedule."Ngarleen springs catchment conservation Riparian Area" means all that land and water enclosed within 6 metres measured from the eye of the spring.

3. Application of Order

This Order shall apply to the use of water and land of the Ngarelen Springs Catchment Conservation Area.

4. Declaration of Catchment Conservation Area

The Ngarelen Springs Catchment Conservation Area is hereby declared to be a Catchment Conservation Area for the purposes of the Act.

5. Ngaleren Springs Catchment Consent Area management Guidelines

The Ngarelen Springs Catchment Management Guidelines shall come into effect immediately upon publication of this Order and shall be the basis for conservation of the water resources within the Ngarelen Springs Catchment Conservation Area.

6. Public Notices

(1)The Authority shall place signboards and beacons in or near the Ngarelen Springs Catchment Conservation Area or in appropriate public places frequented by land and water users and at the Authority’s offices displaying up-to-date information about the condition of the water resources of the Ngarelen Springs Catchment Conservation Area.
(2)The public notices shall contain information regarding the action required of water or land users to conserve and protect the water resources of the Ngarelen Springs Catchment Conservation Area.

7. Offences

Any person who contravenes this Order and the provisions of the Ngarelen Springs Catchment Management Guidelines commits an offence and is liable upon conviction to a fine of one hundred thousand shillings or imprisonment for a term not exceeding one year, or both such fine and imprisonment.

FIRST SCHEDULE

NGARELEN SPRINGS CATCHMENT CONSERVATION AREA

SECOND SCHEDULE [para. 5]

NGARELEN SPRINGS CATCHMENT CONSERVATION PROTECTION GUIDELINES

ForewordGenerally, the main problems and concerns relate to accommodating increasing water demands on the springs while maintaining and protecting the ability of the springs to support human and environmental needs in a sustainable manner. The unprotected catchment makes the springs highly vulnerable to contamination from sources such as, but not limited to effluent from solid waste, animal droppings, agro-chemicals used in farming and silt as a result of agricultural activities. Loss of vegetation cover over it may lead to higher evaporation rates compromising the spring’s storage.The Ngareleen Springs Catchment Protection Guidelines as presented encompasses four plans that are further expounded in the document to achieve the goals of sustainability of the Ngarelen springs catchment; Water Use Plan, Monitoring Plan, Springs Protection Plan, Conservation/Protection Plan and Monitoring Plan.
Acronyms
AEZ -Agro-Ecological Zone
CMS -Catchment Management Strategy
ACA -Athi Catchment Area
KFS -Kenya Forest Service
m.a.s.l -Meters Above Sea Level
MoA -Ministry of Agriculture
MoL -Ministry of Lands
NGAO -National Government Administration Officers
NLC -National Land Commission
NEMA -National Environment Management Authority
RGS -Regular Gauging Station
SoK -Survey of Kenya
ToR -Terms of Reference
WDC -WRUA Development Cycle
WRM -Water Resources Management
WRA -Water Resources Authority
WRUA -Water Resources Users Association
Table of Contents
Foreword
Acronyms
Table of Contents
1Introduction and Background Information
1.1Introduction
1.2Legal Background
1.3Location and Size of Area to be gazetted
2Current Situation Analysis
2.1Vulnerability of the Water Resources
2.2Water Resource Quality Objectives and the current Status of the Water Resource
2.3Class of the water resource
2.4Land uses and their potential impact on the water resources
3Measures for Conservation and Rehabilitation of the area
3.1Prescribed Activities;
3.2Water Use Plan
3.3Springs Protection Plan
3.4Conservation/Protection Plan 1469
3.5Monitoring Plan
3.6Establishment and operationalization of management structure
4Monitoring and Evaluation Matrix
1. Introduction and Background Information1.1. IntroductionA catchment area is defined as the land from which water naturally flows into a watercourse. The status and conditions of a catchment determines the reliability, quantity and quality of its water yields. A catchment area acts like a water storage facility where during the rains, the vegetation cover allows the water ample time to percolate deep down and move as a sub-surface flow to recharge the rivers, springs and ground water storage in both shallow and deep aquifers. This sub-surface flow is slow resulting in rivers from a well-maintained catchment having higher base flows even during the dry season as well as good water yield from boreholes in the vicinity. In poorly maintained and degraded catchment, the rainfall results in the rapid surface run-off, which is channelled into the river courses, resulting in flash floods and high volumes of suspended solids. Since there is little storage in such a catchment, the rivers originating from such catchment will not be able to sustain their base flows during the dry season. Catchment areas are thus a vital component in water resource management and they should be formally delineated, gazetted, protected from encroachment and pollution and managed sustainably to maintain their ecological integrity.1.2. Legal Background(i)Constitution of KenyaConstitution of Kenya recognizes water as a human right and confers to every person the right to clean and safe water in adequate quantities in a clean and healthy environment. Consequently, water resources has drawn national attention where it has been recognized as being essential in making the country become industrialized in accordance to the Kenya’s Vision 2030, a blue print for the national development agenda for Kenya.Article 66 of the constitution deals with land and provides that the State may regulate the use of any land, or any interest in or right over any land, in the public interest.Section 69 deals with the environment and natural resources including the sustainable exploitation, utilization, management and conservation and the equitable sharing of the accruing benefits. It is also the duty of every person to co-operate with State organs and other persons to protect and conserve the environment and ensure ecologically sustainable development and use of natural resources.(ii)Water Act (Cap. 372)Section 22(1)Provides that where the Authority is satisfied that in order to conserve a vulnerable water resource, special measures are necessary for the protection of catchment area or part thereof, it may, by order published in the Gazette declare such a catchment area to be a protected area.Section 22(2)Provides that the Authority may impose such requirements, or regulate or prohibit such conduct or activities, in or in relation to a protected area as the Authority may consider necessary to impose, regulate or prohibit for the protection of the catchment area and its water resources.(iii)Water Resources Management Rules 2007Part X1 section 123-126 provides for protected areas and groundwater conservation areas including management guidelines related to a protected area or a ground water conservation area.The Authority shall also undertake Public Consultation with respect to the establishment of areas to be Protected and the management rules or plans that shall apply with respect to these Areas.Relevant Sustainable Development Goals (SDGs)Target 6b .Support and strengthen the participation of local communities in improving water and sanitation managementTarget 6.4: By 2030, substantially increase water-use efficiency across all sectors and ensure sustainable withdrawals and supply of freshwater to address water scarcity and substantially reduce the number of people suffering from water scarcity.Target 6.6: By 2020, protect and restore water-related ecosystems, including mountains, forests, wetlands, springs, rivers, aquifers and lakesSDG 13: Target 13.1 -Strengthen resilience and adaptive capacity to climate-related hazards and natural disasters in all countries Target 13.3- Improve education, awareness-raising and human and institutional capacity on climate change mitigation, adaptation, impact reduction and early warningTarget 6.4 -By 2030, substantially increase water-use efficiency across all sectors and ensure sustainable withdrawals and supply of freshwater to address water scarcity and substantially reduce the number of people suffering from water scarcityTarget 6.1-By 2030, achieve universal and equitable access to safe and affordable drinking water for all1.3. Location and Size of Area to be gazettedRombo is sparsely populated and is entirely considered to be in a rural set up. The Ngarelen Springs mainly serve the residents of Rombo and Njukini sub locations in Rombo Location. The total population in the two sub locations is 10,728 people (KNBS Census Data). The springs are the sole source of water for the residents of the area for domestic use, livestock watering and subsistence and commercial irrigation. Due to livestock grazing and the residents drawing water directly from the springs, there has been degradation on the riparian areas. Currently the springs are tapped via intakes to support irrigation agriculture, which is the main economic mainstay of the community in Rombo. Encroachment of the spring’s area for settlement and agricultural activities has led to the general degradation of the catchment area.This proposal for the gazettement of the Ngarelen Springs catchment area will entail clear delineation of the boundaries of the catchment and preparation of a catchment protection plan among other activities. This will prevent encroachment of the catchment area by the residents. The encroachment of the spring catchment area has paved way for settlement, grazing on the catchment and cutting down trees for charcoal burning. Prevention of further degradation of the springs catchment will guarantee enough and reliable water for both irrigation and domestic use throughout the year. This can be achieved through gazettement of the catchment.The Ngareleen Springs Catchment Conservation Protection Guidelines Goals are to ensure springs protection and conservation as well as sustainable use of the water resources.Ngarelen Springs are located within Nalepo WRUA Sub Catchment in Rombo Location, Rombo Division of Loitoktok Sub County in Kajiado County, about five hundred (500) metres from Rombo Township. The spring forms parts of the tributary of Rombo and Tsavo Rivers and is part of the 3G Drainage Area. The spring catchment area of approximately 15 acres (60,703m2) is public land. However the land is not demarcated and there are individuals who have encroached into the land and put up structures and carried out agricultural activities. Livestock also regularly encroaches into the catchment when grazing and in need for water.The springs are located as shown below.Fig.3. Location Map of Ngarelen Spring within Nalepo sub catchmentDue to degradation of the spring catchment, protection works was carried by Water Resources Authority in 2019. This involved the construction of a masonry wall around the spring eye, placement of gabions on the upstream of the spring and planting of suitable tree seedlings within the spring catchment. This resulted in an increase in the yield of the spring. Pollution of the source by livestock watering from the spring source has also been eliminated. Gazettement of the catchment will lead to further improvements. Prior to this, the average daily gauge height at RGS 3GA02 was 0.12 m. After the construction of the masonry wall, this figure has steadily increased to 0.20m. The final available discharge value available is 0.151 m3/s on 3rd May 2019.To ensure proper conservation and protection of the Ngarelen Spring Catchment, WRA, community and other key stakeholders recognised the need for Gazettement of the land.ACA’s CMS (2014 - 2022) has recognised the need to protect the catchment areas and increase their environmental functions. This will be achieved through the implementation of the following strategies:• Sensitization of the local community on the need to protect the catchment areas to ensure environmental sustainability;• Development of an action plan to protect the catchment and their rehabilitation;• Participatory mapping of the protection zones around the water catchments with the community;• Apply the law to protect catchment areas (enforcement for wetlands/riparian/springs protection);In addition, Part XI of WRM Rules, Rules 123 - 125 sets out the process and procedure for the identification of an area as a protected or groundwater conservation area. This procedure will be used in coming up with the Gazettement documents for the Ngarelen Springs Catchment.ClimateThe area belongs to the sub-tropical semi-arid climatic zone. The average annual temperature is 22.7oC, with the lowest in the months of July – August (20.4oC) and the highest in the month of March (24.9oC). The annual rain distribution shows two pronounced rainy seasons, namely the long rains from March to May and the short rains from November to December. The mean annual rainfall is about 526 mm. The highest mean monthly precipitation occurs in April (122.1 mm) and the lowest is in July (2.7mm).Geology and PhysiographyThe soils of the area are primarily developed from undifferentiated volcanic rocks (predominantly pumice) of the Rombo series of the Tertiary age. Physiographically, the area forms part of the general and extensive piedmont plain, which extends from the foot slopes of Mt. Kilimanjaro, to the Pare Mountains in the South East. The area is generally flat (slope 1-2%) but is studded with numerous small parasitic cones (hills) and plugs, which rise above the general level of the plain.HydrologyNgarelen Springs are among a number of springs in the sub catchment that flow into tributaries that form Rombo River and finally flow into Tsavo River.Fig.4. River NetworkVegetationThe natural vegetation of the area is mainly wooded, bushes, grassland with acacia tree bushes and shrubs and tall perennial grasses. However, irrigated agriculture has largely replaced this natural vegetation with smallholder maize, tomatoes, and onions among the crops grown.Erosion in the catchmentA notable feature in the area is that owing to the relatively flat terrain that is mostly bare and the volcanic soils that are susceptible to erosion, several gullies have developed as the fast flowing water from the vast springs and Mt Kilimanjaro flow past the area. The soils in the sub catchment comprise of deep clay and clay whose depth is unknown. The upper and mid zones of the sub-catchment is dominated by deep clay. The lower section of the sub-catchment is characterized by clay of unknown depthsIndeed, the area upstream of Ngarelen Springs is characterized by a deep gulley that was initially transporting loads of silt to the spring’s area. For this reason, protective gabions were constructed on the upstream side of the spring with funds from WRA.Springs water qualityThe quality of water from Ngarelen springs can be described as good. According to analysis of water samples from the springs by the WRA Central Water Testing Laboratory in September 2019, the water was considered as chemically fit for domestic use. However, there is danger of contaminating the spring’s waters due the human activities currently being undertaken within the catchment area, if intervention measures are not implemented immediately.Catchment Issues/ ChallengesThe main problems and concerns relate to accommodating increasing water demands on the springs while maintaining and protecting the ability of the springs to support human and environmental needs in a sustainable manner. The unprotected catchment makes the springs highly vulnerable to contamination from sources such as, but not limited to effluent from solid waste, animal droppings and silt as a result of agricultural activities. Loss of vegetation cover over it may lead to higher evaporation rates compromising the spring’s storage.Currently the main concerns affecting abstraction of water from the springs include:• Depletion of fresh water resources• Effects on water sources used by the local communities i.e. contamination.• Effects on natural vegetation (forest cover) and agricultural land use.Vegetation ClearingThe vegetation clearing causes direct exposure of springs to evaporation impacting on the springs yield. In addition, vegetation slows down the rain drops as they fall to the ground, giving more time for the water to infiltrate into the ground and recharge the springs. At the same time, the vegetation cover reduces the speed and hence impact of the raindrops as they hit the ground, which loosens the soils, causing erosion. The springs need to be re-vegetated and cutting of trees in the catchment area should be stopped forth with.Climate ChangeThe vagaries of climate change like everywhere else has meant that there are more depressed rainfall than usual. The catchment area and the surrounding areas experience recurrent droughts leading to frequent water use conflicts among farmers and pastoralists who use water from the Ngarelen springs.2. Current Situation Analysis2.1 Vulnerability of the Water ResourcesNgarelen Springs have a Regular Gauging Station 3GA02 located at coordinates. Latitude E 037041'35.5", Longitude S 030 03’ 07.7" at an elevation of 1157 m.a.s.l and approximately 500m downstream of the spring. The daily water levels is available. The last discharge data available is from May 2019 (0.151m3/s).In terms of geology the area comprises a series of volcanic layers associated with Mt. Kilimanjaro namely Kijabe-type basalts and dense olivine basalts.Groundwater occurrence in this area can be described as poor, the dense basalts, Kijabe type basalts and melanocratic basalts are massive and not faulted, this implies porosity is poor and don’t support storage of groundwater. However, the areas along River Rombo present good condition for groundwater occurrence, in addition the area east of the sub catchment indicates presence of old land surface contact point between gneiss and basalts which may have productive aquiferWater Resources Quality Objectives and the Status of the Water ResourceAccording to the ACA CMS (2014 - 2022) Ngarelen Spring catchment area within the Nalepo sub-catchment can be classified as of medium Commercial importance. The area is predominantly rural. Economic activities include farming, livestock keeping, wildlife, and tourism. This category targets at ensuring quality of water resources to develop economy and prosperity for the residents and all other stakeholders who use the water. Sustainable water resources management in the sub catchment will focus on cooperation with the all stakeholders, hence the need to have the interests of residents, small scale /large-scale farmers, pastoralists and wildlife safeguarded.2.3 Class of the water resourceThe Ngarelen Springs catchment is located within Nalepo sub catchment and can be classified as "Alert" since the available water is at times especially during the dry season of adequate quantity to meet the demands from the various competing uses. The water quality at the source and in the upstream areas is good, however it deteriorates as the stream flows downstream due to contamination from the grazing and agricultural activities.2.4 Land Uses and their potential impact on water resourcesWith the influx of farming over the years, there have been significant land use changes. Large areas hitherto used as range lands were opened for farming thereby affecting land cover.Nalepo sub catchment has witnessed extensive land use change since independence of Kenya in 1963. These changes represent the response of the population to local and exogenous opportunities and constraints. This area has experienced rapid and extensive land use change in response to a variety of economic, cultural, political, institutional and demographic processes. The community within sub catchment is changing from livestock keeping as their main livelihood activity to irrigated agriculture. This has caused severe environmental degradation (deforestation, encroachment of riparian land) leading to pollution of water sources by agro chemicals, liquid and solid wastes.Poor methods of water use such as open canals and flooding have caused people to shift to new areas hence, more degradation of the sub catchment. The riverine vegetation along the river channels and/or near springs and other water sources has been cleared to give way to farmlands. These changes have intensified as a result of human population growth.3. Measures for Conservation and Rehabilitation of the area3.1 Prescribed Activities;According to the relevant legal framework as discussed above, protected areas can be used by the neighboring community in a sustainable manner. The activities to be undertaken within the protected area are those with zero impact on its ecological status and integrity. The following activities are specifically proscribed in a protected area:vii). Tillage or cultivationviii). Clearing of indigenous trees or vegetationix). Building of permanent structures (especially boreholes and houses)x). Disposal of any form of wastexi). Excavation of soil or development of quarriesxii). Planting of exotic species that may have adverse effect to the water resource3.2 Water Use PlanThe objective of this water use plan is to protect the long term water storage and supply capacity of the springs by controlling encroachment and degradation of the catchment.Actions• Establish the water balance.• Develop water allocation plan for the Ngarelen springs.• Improve Water use efficiency (introduction of technologies)
ActivitySub-activityTimeframeCostResponsibility
Establish the water balanceAssess demand and availability20211,000,000WRA, County Government, WRUA, KWS
Developwater allocation plan for the Ngarelen springs.Develop Water allocation Plan20212,000,000WRUA, WRA, KWS, County Government, Irrigation Canals.
Implementwater allocation plancontinuous5,000,000WRA,WRUA, NEMA, County Government
Enforce permit conditionscontinuous5,000,000WRA,WRUA,
Enhance Water use efficiency (introduction of technologies)Sensitization and model water use units – irrigation, domesticDemonstration on efficient water use technologyContinuous8,000,000WRA,WRUA, County Government
   21,000,000 
Springs Protection PlanThe objective of the protection plan is to protect Ngarelen springs by encouraging activities that enhance both water quality and quantity while discouraging activities that cause the spring’s catchment to deteriorate.
ActivitySub-activityTimeframeCostResponsibility
Gazettement of GCADelineate & survey the spring’s catchment area.2021200,000WRA, WRUA, Kajiado County Lands & Survey Team
Develop the Part Development Plan for the spring catchment2021500,000WRA, SoK, County Government of Kajiado
 Create awareness on the status of the spring’s catchment area.Continuous300,000WRA, KWS, WRUA, NEMA, County Government,IrrigationCanals.
Develop guidelines and conservation/protectionplan through stakeholders engagement2021500,000WRA with all stakeholders
Submit gazettement instrument to the AG2021500,000WRA
Enforcementof Ngarelen springs catchment guidelines and other legislationsEnforce Ngarelen springs catchment guidelines, management plan and relevant legislationscontinuous5,000,000WRA, County, Govt, NEMA, KWS.
 Total 7,000,000 
Conservation/Protection PlanThe objective of the conservation plan is to maximize the yield of Ngarelen springs by promoting beneficial land and water management practices.ActionsThe conservation/protection plan proposes the following activities:• Sensitization on catchment management• Revegetation of the catchment areao Native Plant Propagationo Exotic species control• Water storage enhancement to ease pressure on use of springs watero Rain water harvesting tankso Water pans• Regulating activities that may lead to pollution and destruction of the eco- system (Charcoal burning, grazing, cultivation)• Controlling abstraction limits and observing of safe yields• Controlling encroachment and cancellation of illegal titles
ActivitySub-activityTimeframeCostResponsibility
Re-vegetationof theEstablish native Plant PropagationContinuous2,000,000WRUA, WRA, KFS
catchment areaGrow live fence on the boundary of the catchment.Continuous3,000,000WRA, KFS,WRUA
Planting and growing of propagated seedlings (Watering and tending)Continuous5,000,000WRUA
Exotic species controlContinuous500,000WRUA
Sub-Total10,500,000 
Rain waterstorage enhancement.Installation of 20 10m3Rain water harvesting tanks in public institutions/ public landContinuous4,000,000WRA, CountyGovernment and WRUA
Construction of 2No.10,000m3 water pansContinuous10,000,000WRA, CountyGovernment and WRUA.
Sub-Total14,000,000 
Restrictingactivitiesthat may lead to pollution and destruction of the catchment.Public awarenesscreationAnnually1,000,000WRA, CountyGovernment, KWS, KFS, WRUA.
Controls/restrictions on charcoal burning, grazing, bathing &washing clothes near the springs.Continuous300,000WRA, CountyGovt, KWS, KFS, WRUA.
EnforcementQuarterly500,000County Commissioner, KWS, WRA, KFS, NEMA, WRUA.
Alternativelivelihood activitiesPromote bee keeping, poultryfarming and butterfly keeping.Continuous10,000,000WRA, KWS,WRUA, Agriculture and livestock
Sub-Total11,800,000 
Controllingencroachmentand review of grantsReview legalityof titles and resolvingContinuous5,000,000NLC, WRA,County Government.
Sub-Total5,000,000 
 TOTAL 31,850,000 
3.5. Monitoring PlanThe objective of the monitoring plan is to collect water resources data and maintain a comprehensive database on the Ngarelen springs that provides information on water levels and quality of the spring’s water.Actions• Establish a water quality and pollution control plan.• Water sampling and analysis• Establish a water resources database
ActionSub-ActivitiesTime frameCostsResponsible
Water sampling and analysisCollecting samples and taking to the lab in NRB.Continuous200,000WRA
Conduct analysis of biological and physico-chemical parametersContinuous500,000WRA
CapacityBuildingCapacity building on data collection and monitoringContinuous1,000,000stakeholders and WRA
 Total 5,700,000 
3.6 Establishment and operationalization of management structureThe objective of the management structure is to ensure that the Ngarelen Springs catchment protected area is managed in a sustainable manner with the involvement of all stakeholders under the leadership and coordination of WRA - ACA. This will be achieved through:• Setting up the management structure with defined ToRs and mandates;
ActivitySub-ActivitiesTime frameCostsResponsibility
Setting up the management structureAppoint 1No. Member from each of the following stakeholders:8. Kenya Forest Service9. National Environment Mgt Authority10. National Government Administration in Kajiado South Sub County;11. Kenya Wildlife Service;3 months250,000WRA
 12. Ministry of Agriculture;13. Nalepo WRUA;   
Terms of References (ToR) will include butnot limited to:• To manage the catchment prudently on behalf of other stakeholders• To submit quarterly reports to WRA - ACA on all planned and implemented activities;• To develop by-laws and submit a copy to WRA–ACA for approval before implementationContinuous0WRA, NalepoWRUA
 Mandate andresponsibilities:• Promote the conservation and protection of the catchment• Promote equitable distribution of the resources within the catchment• Promote socio- economic and environmental sustainability of the catchmentContinuous0Nalepo WRUA,WRA
The sources of funds for the committee may include:• Bee keeping• Tree Nursery;• Eco-tourism;• Well-wishers/DonorsWRA/WRUA - (WDC)Continuous5,000,000WRA
Sub Total5,250,000 
WRA as the agent of the National Government in the regulation of use and management of water resources, will be the Coordinator of the committee. The members Kenya Subsidiary Legislation, 2021 1473 appointed to the Management Committee will serve on honorary basis as this will be a non-profit, non-commercial venture. The Committee will be required to solicit for funding from well-wishers and other sources to supplement the income that may be derived from activities permitted in a protected area.The following are the proposed linkages between various stakeholders. The arrows indicate the direction of flow of information. The dotted lines indicate WRUA can also communicate directly to communities and vice versa.
▲ To the top

History of this document

31 December 2022 this version
14 October 2021
Commenced
Read this version